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Washington State Lawmakers Push For DUI Check Points

Washington State Lawmakers Push For DUI Check Points

DUI News – State lawmakers and advocates are at it again, trying to change the law and amend the constitution to legalize random DUI check points here in Washington State.  The legalization of DUI check points would allow law enforcement to stop vehicles without legal cause and investigate individuals for possible driving under the influence of drugs and/or alcohol.  Why try again?  Supporters of DUI check points are convinced individuals will think twice about drunk driving knowing they could be stopped at a DUI sobriety check point and thus drunk driving would decrease.

Democratic State Representative Roger Goodman, of Kirkland, appears to be a supporting forefront voice on the controversial issue saying, “We’ve made a lot of progress in enacting DUI laws, but there’s one missing piece and that’s the sobriety checkpoints, which have been shown to reduce deaths by 25 to 30 percent in other states that have them.”  According to Goodman, 38 states nationwide and the District of Columbia currently have similar DUI check point laws in place.

Goodman, other lawmakers, MADD, and advocates for victims and survivors of drunk driving accidents have banded together knowing they have an extremely tough uphill battle to try to pass random DUI check points into law.  Past attempts to move DUI check points into law have all failed due to Washington State’s constitution having very strict privacy laws.  A report produced by the lawmakers and advocates will likely be handed over to state officials on December 4th to continue their push forward for DUI check points.

Those opposing DUI check points are not lying low, they are loudly voicing violations of State and Federal constitutional rights.  Many are saying Washington State is unique for having strict privacy laws and it should stay that way.  Doug Honig with the ACLU (American Civil Liberties Union) of Washington State, shared his stance saying, “In our society, if you’re out and about on the highway and you aren’t doing anything wrong, law enforcement shouldn’t be stopping you.”  He continued, “It’s a matter of general freedom in our society.”

This issue of legalizing DUI check points is difficult, on one hand we want to keep all people safe, on the other hand it would cost the right to privacy while driving.  When it comes to civil liberties I think it is wise to remember the old saying, “If you give them an inch, they will take a mile.”  Meaning, if we give up our right to privacy while driving and allow police officers to investigate anyone for possible DUI what will come next… allowing random searches of vehicles… or allowing law enforcement to enter homes without cause or warrant?  The more we allow law enforcement to encroach on our daily lives, the less freedom we truly have.

The information above was derived from the article Sobering idea?  State floats idea of random DUI check points, written by Lindsay Cohen, Nov. 6th 2013 and can be found on Kiro.com.

 

Written by S.O

 

 

NFL Player Dwayne Bowe Charged With Possession of Marijuana

NFL Player Dwayne Bowe Charged With Possession of Marijuana

This past Sunday shortly before midnight, Dwayne Bowe, wide receiver for the Chiefs, was pulled over by Kansas City police for speeding 48 mph in a 35 mph zone.  When the police officer approached Bowe’s car to collect license and registration information, the officer allegedly smelled heavy odors of recently smoked marijuana drafting from the interior of the luxury car.

The smell of marijuana provided reasonable suspicion for the officer to search the pro football player’s Audi A8 with a police dog.  Two containers of marijuana were discovered, one held 6.6 grams of product and the other contained 3.8 grams.  Bowe was arrested and charged with speeding and possession of marijuana.  One of two passengers in the car was also arrested and charged with possession of marijuana.

According to the arresting officer’s report, Bowe admitted to smoking “a little weed” while at the Kansas City Airport.  The officer also noted that Bowe asked him if the nearby Sonic fast food joint was still open.

-Apparently, Bowe and his buddies were stoned, hungry, and were in a huge hurry to get to Sonic before it closed at midnight.-

Bowe was released from jail on $750.00 bail and has his first court appearance set on December 18th.

Lucky for Chief fans, Bowe will not face any football league suspensions at this time for the possession of marijuana charge and will be allowed to play in this Sundays highly anticipated game against the Broncos.  According to the Collective Bargaining Agreement, Bowe will have his case handled by the court system before the NFL or Chiefs can impose any disciplinary actions.

Bowe is also lucky that he wasn’t charged with DUI (driving under the influence) of marijuana.  Technically, the officer could have investigated the 29-year-old for DUI since Bowe verbally admitted to smoking “a little weed” and the officer smelled recently smoked marijuana inside car.

Since his arrest, Bowe has released a short apology statement to the public, “I apologize to the Hunt Family, Coach Reid, my teammates and Chiefs fans for the distraction I have caused the team this week… Due to the nature of the pending matter, I am unable to make any further comment on the situation.”

In Washington State, it will be legal on December 6th 2013 for all persons age 21 and older to possess any combination of: one ounce of marijuana, 16 ounces of marijuana in solid form or 72 ounces in liquid form, according to the Washington State Liquor Control Board.

 

Written by S.O

 

“8 Mile” Actor Popped For DUI

“8 Mile” Actor Popped For DUI

Actor Anthony D. Mackie, well known for starring in movies such as “8 Mile,” “Hurt Locker,” and “Notorious,” was arrested early in the morning on November 9th by New York City Police for DUI (driving under the influence).

According to NYC police, the 35-year-old actor was initially pulled over at 1:22 a.m. in Harlem for driving a vehicle with tinted windows.  Allegedly, when police approached Mackie’s vehicle to collect driver’s license and vehicle registration information they detected a strong smell of alcohol on Mackie’s breath and noticed his eyes were watery and bloodshot.  The officers suspected Mackie of drunk driving and asked him to perform the voluntary DUI field sobriety tests.

Mackie supposedly failed many of the sobriety field tests, was arrested for DUI, and was taken to the police station for booking.  While at the station, police asked Mackie to blow into the breathalyzer machine to determine his BAC (blood alcohol concentration) level, Mackie refused.  Because of the refusal to blow into the breathalyzer machine, NYC automatically suspended Mackie’s driver’s license for one year and fined him $500.00.

Here in Washington State, if an individual refuses to blow into the police station breathalyzer machine, a police officer will inform that individual that they will lose their driver’s license for one year.  However, the police are being somewhat misleading when stating “you will lose your driver’s license if you refuse” because an individual has the opportunity to request a hearing from the Washington State Department of Licensing to contest the loss of their license.

The experienced DUI lawyers at David O Defense have successfully defended many individuals in Washington States during DOL (department of licensing) hearings allowing those individuals to maintain their driving rights and privileges.  If you need representation for a DUI charge, DOL hearing, or have any questions about DUI consequences give us a call to schedule a free consultation 206-459-6392.

 

Written by S.O